Oak Harbor City Zoning Code
CLUSTER SUBDIVISION
REGULATIONS FOR SINGLE-FAMILY HOMES
§ 153.480 PURPOSE.
The purposes of this subchapter is to permit a reduction in lot dimensions, yards, building setbacks, and area requirements in order to achieve a more useful pattern in open space and recreation areas accessible to the majority of the living units, to achieve a more efficient use of land than is generally derived through conventional development resulting in substantial savings through shorter utilities and streets; to encourage a development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation, and prevents the disruption of natural drainage patterns.
(Ord. 8-96, § 703.01, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)
§ 153.481 DEVELOPMENT STANDARDS.
(A) Any application for a conditional use permit shall meet all of the following conditions to qualify for consideration as a cluster subdivision for single-family homes.
(B) The cluster subdivision development site shall be not less than five acres in area, shall be under the control of one owner or group of owners, and shall be capable of being planned and developed as one integral unit.
(C) The cluster subdivision development site shall be located within the residential districts.
(D) Public water and sewer facilities shall be available or shall be provided as part of the development site.
(E) The proposed population density of the cluster subdivision shall not exceed the requirements of the district in which it is located.
(F) For each square foot of land gained through the reduction or averaging of lot sizes, equal amounts of land shall be dedicated to the village or set aside as open space for the common use of the home or lot owners within the cluster subdivision development under legal procedures so that there are assurances that the required area shall remain open.
(Ord. 8-96, § 703.02, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)
§ 153.482 PERMITTED USES.
The following uses of land and structures may be permitted within the cluster subdivision developments:
(A) Single-family dwellings.
(B) Recreation and open space; provided, that only the following land uses may be set aside as common land for open space or recreational use under the provisions of this subchapter:
(1) Private recreational facilities, such as golf courses, swimming pools, or other recreational facilities which are limited to the use of the owners or occupants of the lots located within the cluster subdivision.
(2) Historic building sites or historic sites, public parks and parkways, ornamental parks, extensive areas with tree cover, lowlands along streams or areas of rough terrain when such areas have natural features worthy of scenic preservation.
(C) Customary accessory uses.
(Ord. 8-96, § 703.03, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999
§ 153.483 LOT SIZE VARIATION PROCEDURE.
(A) Generally. The lot size for cluster subdivision developments within the R-1, R-2, R-3, and R-5 Residential Districts may be averaged or reduced from those sizes required by the applicable zoning district within which such development is located by compliance with the following procedures.
(B) Site acreage computation.
(1) The acreage proposed for a cluster subdivision development shall be computed to determine the total land area available for development into lots under the minimum lot size requirements of the applicable zoning district in which the proposed cluster subdivision development is located.
(2) In arriving at a gross acreage figure, the following lands shall not be considered as part of the gross acreage in computing the maximum number of lots or dwelling units that may be created under the procedure: land use by public utilities as easements for major facilities, such as electric transmission lines, sewer lines, water mains, or other similar lands which are not available to the owner because of such easements.
(C) Maximum number of lots and dwelling units. After the total gross area available for development has been determined by the above procedure, the maximum number of lots or dwelling units that may be approved within the subdivision development shall be computed by subtracting from the total gross area available, a fixed percentage of such total for street right-of-way purposes, and dividing the remaining net area available by the minimum lot area requirement of the zoning district in which the cluster subdivision development is located.
(1) The fixed percentages of street right-of-way purposes to be subtracted from the total gross area available for development shall be 20%. This percentage shall apply regardless of the amount of land actually required for street right-of-way.
(2) Under this procedure, individual lots may be reduced in area below the minimum lot size required by the zoning district in which the cluster subdivision development is located; provided, that the total number of dwelling units or lots created within the development is not more than the maximum number that would be allowed if the tract were developed under the minimum lot area requirements of the applicable zone district in which it is located.
(D) Permissive minimum lot area. Notwithstanding other procedures set forth in this subchapter, lot sizes within cluster subdivisions shall not be varied or reduced in area below 30% of the lot size required in the zoned district in which it is located. The lot width shall not be less than 55 feet.
(E) Minimum yard requirements. Under the lot averaging or reduction procedure, each lot shall have at least the following minimum yards:
(1) Front yards - 25 feet from all dwellings.
(2) Side yards - 6 feet on each side.
(3) Rear yards - 25 feet for all dwellings.
(4) Building height - shall not exceed 35 feet and accessory buildings shall not exceed a height of 15 feet.
(Ord. 8-96, § 703.04, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999
§ 153.484 OPEN SPACE REQUIREMENTS.
(A) For each square foot of land gained through the averaging or reduction of lot sizes under the provisions of this subchapter, equal amounts of land shall be provided as open space. All open space, tree cover, recreational area, scenic vista, or other authorized open land areas shall be either set aside as common land for the sole benefit, use, and enjoyment of present and future lot or homeowners within the development, or may be dedicated to the village as park land for the use of the general public.
(B) The Board of Zoning Appeals shall determine which of these options is most appropriate and select one of the following procedures as part of its approval of a conditional use permit for a cluster subdivision development:
(1) That open space land shall be conveyed by proper legal procedures from the tract owner or owners to a homeowners association or other similar non-profit organizations so that fee simple title shall be vested in tract lot owners as tenants in common; provided, that suitable arrangements have been made for the maintenance of such land and any buildings thereon; and provided further, an open space easement for such land may be conveyed to the village to assure that open space land shall remain open.
(2) That open space land may be dedicated to the general public for park or recreational purposes by the tract owner or owners; provided, that the location and extent of such land conforms to the Future Land Use Plan for the village; and provided further, that the access to and characteristics of such land is such that it will be readily available to and desirable for public use, development and maintenance. The owners or developers of the cluster subdivision development shall not be compelled or required to improve the natural condition of such open space lands before a conveyance to the village.
(Ord. 8-96, § 703.05, passed 5-20-96; Am. Ord. 44-98, passed 2-1-99; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999
§ 153.485 METHOD OF PROCEDURE.
(A) A person, firm, or corporation desiring to create a cluster subdivision shall apply to the Zoning Administrator for a conditional use permit, and a certificate of completion for such subdivision.
(C) The Zoning Administrator shall convey such plans and reports presented by the applicant to the Zoning Board of Appeals.
(D) If the Board of Zoning Appeals determines that the requirement of §§ 153.480 through 153.484 are met, the Board shall direct the administrative official to issue the conditional use permit and the application for the certificate of completion to the applicant. Such application for the certificate of completion may contain conditions attached thereto by the Board as it deems necessary in the best interest of the village and the certificate of completion shall not be granted if such conditions are not followed.
(E) The cluster subdivision shall also meet Oak Harbor Subdivision requirements.
(Ord. 8-96, § 703.06, passed 5-20-96; Am. Ord. 44-98, passed 2-1-99; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999